A lawyer specializing in family and reproductive law, Isaac Olufunsho, has called on the federal government to establish a comprehensive legal framework for surrogacy in Nigeria. He made the appeal in an interview with the News Agency of Nigeria (NAN) on Friday in Abuja, citing growing concerns over parentage rights, contract enforcement, and child welfare.
Lack of legislation creates uncertainties
Olufunsho noted that while adoption is governed by statutory provisions, surrogacy continues to operate largely through private agreements due to the absence of specific federal legislation. He said that advancements in assisted reproductive technologies have increased interest in surrogacy among couples facing infertility and other reproductive challenges, making regulatory reforms increasingly necessary.
“The absence of comprehensive legislation creates uncertainties regarding the rights of intended parents, surrogate mothers and children born through surrogacy arrangements. Clear regulations will help address issues relating to legal parentage, financial responsibilities, dispute resolution and ethical standards for fertility clinics,” he said.
Adoption remains more structured
The lawyer explained that adoption remains the more structured pathway to parenthood under Nigerian law, with procedures guided by the Child Rights Act, state adoption laws, and judicial oversight. He said prospective adoptive parents are typically required to undergo background checks, home assessments, and court approval processes designed to ensure that adoption serves the best interests of the child.
Olufunsho warned against illegal adoption schemes, child trafficking, unregistered baby factories, and fraudulent surrogacy arrangements, noting that such practices undermine children’s rights and could attract serious legal consequences.
Future legislation should prioritize child protection
He said that any future legislation on surrogacy should prioritize child protection, recognition of parentage, protection of surrogate mothers, and transparency in assisted reproductive arrangements. “Strengthening Nigeria’s legal framework for alternative pathways to parenthood will promote public confidence while safeguarding the interests of all parties involved,” he said.
He urged individuals considering surrogacy or adoption to seek professional legal guidance and ensure strict compliance with applicable laws and procedures. He emphasized that the welfare and best interests of the child must remain the overriding consideration in all decisions relating to parenthood and family formation.
